Browns’ Convictions Upheld

Tax protesters Edward and Elaine Brown were convicted in 2007 of tax evasion. They were sentenced to spend some time at ClubFed. Instead of reporting to prison, they decided to barricade themselves in their New Hampshire home. After a stand-off that ran many weeks, US Marshals arrested the Browns. They were tried and convicted on numerous weapons counts and received 37 and 35 additional years at ClubFed, respectively–effectively a life sentence (the Browns will be over 100 when their sentences are up). They appealed their sentences; yesterday, the 1st Circuit Court of Appeals upheld their sentences in a 48-page ruling.

I could go into a long discussion of their meritless claims, but the concluding paragraph of the opinion is enough: “After thorough consideration, we have found no merit in any of Edward’s or Elaine’s arguments. Their convictions are affirmed.”

The moral is simple: There is an income tax, and you must pay it. And armed resistance to a short term at ClubFed leads to a far, far longer term.

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It Pays to Read the Lease

Today the Tax Court looked at whether a rental was passive or active. But there was a major difference from most such cases: The taxpayer claimed his lease was passive while the IRS thought it was not passive.

Most of the time, rental income is passive. There are some exceptions: The most common is a Realtor (who meets the time requirements). The petitioner in today’s case was a doctor, and in almost all cases the rental would be passive. However, the lessee was his business (a professional corporation), so the self-renting rules apply (unless there’s an exception).

The petitioner claimed he had a legal, binding contract (a lease) entered into in 1980. If there is a binding contract entered into on or before February 19, 1988, the exception applies. There was a problem, though. The lease called for payments that would increase by 5% per year (the lease had never been modified). The payments made as “rental expense” didn’t match what was required under the lease. That meant the lease was not a binding contract, and the taxpayer had non-passive income.

For the taxpayer, this could have been resolved had he (or his CPA) noted the terms of the lease and made payments based on the lease. Unfortunately for them, they didn’t read it.

Case: Samarasinghe v. Commissioner (T.C. Memo 2012-23)

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A Good Way to Get to ClubFed: Finance Porn Distribution and Don’t Report the Income

If you want to paint a recipe for heading to ClubFed, Carolynne Tilga of Santa Fe, New Mexico couldn’t do it any better. First, begin by investing in a business that’s likely illegal: Distributing pornography over the Internet. Yes, the website she invested in was in Canada but the customers were in the United States.

Next, add not paying taxes on the income. As I’ve said numerous times, illegal income is just as taxable as legal income. Then add some conspicuous consumption: a $1.85 million house in Kilauea, a $1.38 million home in Las Campanas, and other property in Taos, Aspen, and Telluride.

She pleaded guilty to conspiracy, six counts of tax evasion, and filing false tax returns. She received eight months at ClubFed; her husband, who had pleaded guilty to one count of conspiracy, got probation. They must make restitution of $1.7 million to the IRS. If you’re looking for a nice house in Kilauea, I think I know of one that may soon be on the market.

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Illinois Mayor Sentenced for Not Filing Tax Returns

Joseph Cook has been the mayor of Channahon, Illinois since 2003 (Channahon is southwest of Chicago). Given Illinois politics, he has likely helped his reelection campaign by admitting he committed a crime. He was sentenced yesterday to two years probation and must make restitution of $15,000 to the US Treasury.

According to the Chicago Tribune,
this isn’t Mr. Cook’s first brush with financial trouble. He’s been sued by Illinois for child support, and faced four other lawsuits over financial issues. As I said, it’s just another day in politics in the Land of Lincoln.

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Ignoring Tax Advice and then Suing the Attorney who Gave the Advice Isn’t Brilliant

Let’s assume you talk to your attorney, and he advises you that you should create a reserve fund for taxes. Usually, it’s a good idea to listen to your attorney. If you don’t like his opinion, perhaps get a second opinion.

Of course, there’s also the Bozo method. The Miccosukee Tribe runs a successful casino near Miami, Florida. The tribe is exempt from taxes (it’s a sovereign nation). However, its members must pay taxes. They decided that they knew better than their attorney, and didn’t report distributions to its members or create a reserve fund in case their opinion was wrong. The Miccosukees filed a malpractice suit against their longtime attorney in a Florida court. The attorney had copies of his advice which pretty much (to this layman’s eyes) throws the malpractice case in the trash can.

Taxdood has more. Hint: The Miccosukee Tribe is the first nominee for the Bozo Tax Offender of the Year.

Posted in Florida, Gambling | Tagged , | 2 Comments

The Black Hole Continues: California Faces an $8 – $21 Billion Deficit

When I read one report stating that California is looking at an $8 billion deficit (that’s Governor Brown’s projection), I was quite happy I’m now a resident of Nevada. And then I read Chriss Street’s report that says the deficit is really $21 billion!

Whatever the true number is–it most likely lies somewhere between the two numbers–there isn’t any doubt that California continues to spend its way to oblivion. The problems, according to the Left, include low taxes, Proposition 13, issues with the tax system, etc.

There seems to be a pattern, eh?

Here is a helpful hint for California: You must lower your expenses. This means cutting the size of state government, cutting pension costs, and cutting salaries. Additionally, California must make itself more attractive to people like me who have fled the Bronze Golden State. Regulations must be cut.

I had a thought, but dismissed it as too obvious. For every new regulation put on the books in California, two should be removed. If that were done California would likely solve its problems within a few years. Of course, my idea here is just wishful thinking. The Democratic Legislature in California thinks that the Golden State is truly golden, and these issues are because the tax rates are just too low. Well, California only has the second worst business climate of the 50 states, so there is room for improvement!

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January Tax Deadlines: Estimated Payments on Tuesday

The first of the January deadlines is upon us. Estimated tax payments (Form 1040-ES) are due by Tuesday, January 17th. That’s a postmark deadline. As always, I strongly recommend certified mail, return receipt requested.

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I’m Shocked that Another Adult Entertainment Exec Cheated On His Taxes

I’m just shocked, shocked mind you, to find out that yet another individual in the adult entertainment industry didn’t tell the truth on his tax return. Well, not really as there might just be a pattern here….

From my old stomping ground, Orange County, comes the case of one Oscar Macias. Mr. Macias was one of the principals of Universal Media Management, a Cerritos, California based adult entertainment firm. Mr. Macias pleaded guilty to one count of filing a false tax return.

Mr. Macias admitted that he did not report all of the cash income from the business, causing a loss to the Treasury of over $32,000. Mr. Macias received 15 months at ClubFed and must also make restitution. Last year, Catherine Shidad pleaded guilty to filing a false tax return and received probation and had to make restitution of $140,000.

Cash income is just as taxable as checks, credit cards, or any other method of payment. Unfortunately, that somehow frequently gets lost in the adult entertainment world. Maybe if I attended this year’s Adult Entertainment Expo–it’s next week here in Las Vegas–I might drum up some business….

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The IRS Gives Helpful Tips for Choosing a Tax Professional

The IRS, as we previously noted, now has a YouTube channel. Here’s their latest video on choosing a tax professional:


You can also read their suggestions in this article::

  • Check the person’s qualifications. Ask if the preparer is affiliated with a professional organization that provides its members with continuing education and resources and holds them to a code of ethics. New regulations effective in 2011 require all paid tax return preparers including attorneys, CPAs and enrolled agents to have a Preparer Tax Identification Number.
  • Check the preparer’s history. Check to see if the preparer has a questionable history with the Better Business Bureau and check for any disciplinary actions and licensure status through the state boards of accountancy for certified public accountants; the state bar associations for attorneys; and the IRS Office of Professional Responsibility for enrolled agents.
  • Find out about their service fees. Avoid preparers who base their fee on a percentage of your refund or those who claim they can obtain larger refunds than other preparers.
  • Make sure the tax preparer is accessible. Make sure you will be able to contact the tax preparer after the return has been filed, even after the April due date, in case questions arise.
  • Provide all records and receipts needed to prepare your return. Most reputable preparers will request to see your records and receipts and will ask you multiple questions to determine your total income and your qualifications for expenses, deductions and other items.
  • Never sign a blank return. Avoid tax preparers that ask you to sign a blank tax form.
  • Review the entire return before signing it. Before you sign your tax return, review it and ask questions. Make sure you understand everything and are comfortable with the accuracy of the return before you sign it.
  • Make sure the preparer signs the form and includes their PTIN. A paid preparer must sign the return and include their PTIN as required by law. Although the preparer signs the return, you are responsible for the accuracy of every item on your return. The preparer must also give you a copy of the return.

Now, Joe Kristan has had an annual list of some other things you should look out for. These have included in the past such gems as “Make sure the preparer is accessable outside of prison visiting hours. Self-explanatory.” I can’t wait to see what he comes up with for 2012.

On a serious note, every paid tax preparer is required to sign the return and put down his or her PTIN on the return. If your preparer doesn’t, David Williams is absolutely right: Run, don’t walk, out of that office and find someone else.

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We’re Off With a Bang: It’s the Politician Arrest of the Week!

There’s nothing like starting 2012 on the right foot. Let’s head to our nation’s capital where City Councilman Harry Thomas, Jr. has something more to worry about than his reelection campaign. In December, the FBI & IRS raided Mr. Thomas’ home and seized an SUV and a motorcycle. Those vehicles may be coming to an auction site near you.

Mr. Thomas has been charged with theft and filing false tax returns. He’s accused of taking $353,000 of funds from the District of Columbia. The charge says he “embezzled, stole, obtained by fraud, without authority knowingly converted to the use of a person not the rightful owner….” Additionally, he’s accused of filing a false tax return for not including the embezzled/stolen/fraud income on his tax return.

Finally, the government is asking for forfeiture of a 2008 Victory Motorcycle and a 2008 Chevy Tahoe.

Of course, Mr. Thomas is innocent until proven guilty. Still, it’s nice to see that our politicians may be hard at work…just not for us, but against us.

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